Transfer of a small claim to the TCC Specialist Court
A Freedom of Information request to Her Majesty's Courts Service by fred robinson
Currently overdue a response from Her Majesty's Courts Service. By law, the response had to be prompt but no later than 16 December 2008. They are 24 days late, you can complain by requesting an internal review.
fred robinson
15 November 2008
Dear Sir or Madam,
Can a part 7 small claim for £800 be transferred to the TCC court
without the claimant applying for it to be transferred, and by the
the claimant not following any of the TCC court rules from the CPR.
Yours faithfully,
fred robinson
Customer Services (CSHQ)
Her Majesty's Courts Service
24 November 2008
Dear Sir/Madam
Thank you for your email.
I am unable to assist you with the contents of your email. I suggest that you have a look at the link attached for further information on the Technology and Construction Court.
http://www.hmcourts-service.gov.uk/infoa...
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service
Customer Service Unit
4th Floor, 102 Petty France
London SW1H 9AJ
show quoted sections
fred robinson
24 November 2008
Dear Customer Services (CSHQ),
I do not see how looking at information on the TCC court will help
me as I am not legally trained.
Yours sincerely,
fred robinson
Customer Services (CSHQ)
Her Majesty's Courts Service
25 November 2008
Dear Sir/Madam
I suggest that you seek legal advice from a Solicitor, Law Centre or your local Citizens Advice Bureau to assist you with your enquiry. I am not legally trained and nether are my collegues.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service
Customer Service Unit
4th Floor, 102 Petty France
London SW1H 9AJ
show quoted sections
fred robinson
26 November 2008
Dear Customer Services (CSHQ),
Why not ask the TCC court who do not respond to me.
Yours sincerely,
fred robinson
Customer Services (CSHQ)
Her Majesty's Courts Service
28 November 2008
Dear Sir/Madam
Thank you for your email.
If the court are not responding to you then the Area Director's Office of that court may be able to assist. The court will be able to give you their Area Director's Office contact details.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service
Customer Service Unit
4th Floor, 102 Petty France
London SW1H 9AJ
show quoted sections
fred robinson
29 November 2008
Dear Customer Services (CSHQ),
The conditions for transfer to the TCC court are contained in the
CPR and are seemingly reserved for, up to, multi million pound
claim by direct application or transfer to the TCC, as claims
requiring some expertise in technological, construction or related
matters.
On perusal of these rules I see no scope for an £800 claim to be
transferred from the small claim track, to the multi track and then
to the TCC court, and, given the complexity of the remit of the TCC
court, I do not see how the CAB or any none specialist advisor can
assist in answering that question.
The Legal Aid commission tell me that it is unjustified to use
their funds to get an answer to questions which can be obtained by
contacting the relative body which, is as far as I know the court
service run by the Ministry of Justice.
if this is incorrect and Her Majesty's Court Service have no remit
regarding information about the TCC court, please tell me and I
will re-direct my FOI request to the Ministry.
I am not legally trained.
Yours sincerely,
fred robinson
fred robinson left an annotation (29 November 2008)
Dear Mr Ormerod
With regard to the rules of the TCC court, do you have any expertise in that specialised area, or are you legally trained enough to make your observations ?
fred robinson
5 December 2008
Dear Sir or Madam,
May I remind you that the procedure for cases in the TCC court is
contained in the Second Edition of the Technology and Construction
Court Guide, October 2005, as amended which, is available from your
web site.
With regard to that guide, and given the thousands of pounds a TCC
matter costs to be processed in the TCC court, and the elaborate
way evidence is presented and evaluated, witness statement obtained
and expert opinions gathered within a tight time frame.
I find no way that a person, acting as a litigant in person, who
makes a claim in the county court for minor damages of £800 - on
the small claim track - which arise under the Occupiers Liability
Act and Latent Damages Act and rely on the written accusations of
the defendants responsibility for the damage by: an Insurance
claims handler, an insurance company and a Council.
Can possibly justify the transfer to the TCC court and the services
of a specialist judge to determine the matter.
Nor justify the defendant employing two barristers at the cost of
well over a thousand pound, to argue his case based on the wrong
law.
Yours sincerely,
fred robinson
fred robinson left an annotation (5 December 2008)
Dear Mr Ormerod
I trust, given your interest in my requests, you are satisfied with my actions so far and have no legal training to allow you to comment further. You could read the above guide to inform you.
fred robinson
Mr Ormerod left an annotation (5 December 2008)
What does the above inform me with regard to FOI? Nothing, other than the fact that your original request was not a request for recorded information held by the authority (which is what FOI is about).
If you want to start acting all 'knowledgable', I suggest you get to grips with the basics of FOI.
fred robinson left an annotation (6 December 2008)
Dear Mr Ormorod
I see.
fred robinson
Edwin Morris left an annotation (20 December 2008)
I see it as a perfectly good use of the FOI.
fred robinson left an annotation (21 December 2008)
Dear Edwin Morris
Thank you
fred robinson
fred robinson
28 December 2008
Dear Customer Services (CSHQ),
This request is now overdue and I see no reason for an answer not
to be given as it refers to information on procedure that it within
your knowledge to answer. Please do so.
Yours sincerely,
fred robinson
Her Majesty's Courts Service
28 December 2008
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fred robinson
29 December 2008
Dear Sir or Madam,
Your attachment is unreadable on my computer
Yours sincerely,
fred robinson
2 January 2009
Sent a follow up to Her Majesty's Courts Service again.
Alex Skene left an annotation (2 January 2009)
The error from HMCS was "mailbox full". I have resent your follow-up of 28 December.
Her Majesty's Courts Service
2 January 2009
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fred robinson
3 January 2009
Dear Angela Lue Taim
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<xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx> To: "Customer Services
\(CSHQ\)" <xxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.xxx.xx>
Subject: Re: Freedom of Information request - Transfer of a small
claim to the TCC Specialist Court MIME-Version: 1.0 Content-Type:
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Dear Customer Services (CSHQ),
This request is now overdue and I see no reason for an answer not
to be given as it refers to information on procedure that it within
your knowledge to answer. Please do so.
Yours sincerely,
fred robinson
-----Original Message-----
Dear Sir/Madam
Thank you for your email.
If the court are not responding to you then the Area Director's
Office of that court may be able to assist. The court will be able
to give you their Area Director's Office contact details.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service Customer Service Unit 4th Floor, 102
Petty France London SW1H 9AJ
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Will you translate it please
Yours sincerely,
fred robinson
Her Majesty's Courts Service
3 January 2009
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fred robinson
3 January 2009
Dear Angela Lue Taim
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<xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx> To: "Customer Services
\(CSHQ\)" <xxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.xxx.xx>
Subject: Re: Freedom of Information request - Transfer of a small
claim to the TCC Specialist Court MIME-Version: 1.0 Content-Type:
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Dear Customer Services (CSHQ),
This request is now overdue and I see no reason for an answer not
to be given as it refers to information on procedure that it within
your knowledge to answer. Please do so.
Yours sincerely,
fred robinson
-----Original Message-----
Dear Sir/Madam
Thank you for your email.
If the court are not responding to you then the Area Director's
Office of that court may be able to assist. The court will be able
to give you their Area Director's Office contact details.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service Customer Service Unit 4th Floor, 102
Petty France London SW1H 9AJ
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Please translate
Yours sincerely,
fred robinson
Her Majesty's Courts Service
3 January 2009
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fred robinson
3 January 2009
Dear ANGELA LUE TAIM
THIS IS YOUR RESPONSE
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23:46:40 +0000 From: "fred robinson"
<xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx> To: "Customer Services
\(CSHQ\)" <xxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.xxx.xx>
Subject: Re: Freedom of Information request - Transfer of a small
claim to the TCC Specialist Court MIME-Version: 1.0 Content-Type:
text/plain; charset="utf-8" Message-ID:
<xxxxxxxxxxxxxxxxx@xxxxxxxx.xxxxx.xxx.xx> Date: Fri, 02 Jan 2009
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02 Jan 2009 23:46:57.0900 (UTC) FILETIME=[664FC2C0:01C96D34]
Dear Customer Services (CSHQ),
This request is now overdue and I see no reason for an answer not
to be given as it refers to information on procedure that it within
your knowledge to answer. Please do so.
Yours sincerely,
fred robinson
-----Original Message-----
Dear Sir/Madam
Thank you for your email.
If the court are not responding to you then the Area Director's
Office of that court may be able to assist. The court will be able
to give you their Area Director's Office contact details.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service Customer Service Unit 4th Floor, 102
Petty France London SW1H 9AJ
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PLEASE TRANSLATE
Yours sincerely,
fred robinson
Her Majesty's Courts Service
3 January 2009
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fred robinson
3 January 2009
Dear ANGELA LUE TAIM
THIS IS YOUR DOWNLOAD
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23:46:40 +0000 From: "fred robinson"
<xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx> To: "Customer Services
\(CSHQ\)" <xxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.xxx.xx>
Subject: Re: Freedom of Information request - Transfer of a small
claim to the TCC Specialist Court MIME-Version: 1.0 Content-Type:
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Dear Customer Services (CSHQ),
This request is now overdue and I see no reason for an answer not
to be given as it refers to information on procedure that it within
your knowledge to answer. Please do so.
Yours sincerely,
fred robinson
-----Original Message-----
Dear Sir/Madam
Thank you for your email.
If the court are not responding to you then the Area Director's
Office of that court may be able to assist. The court will be able
to give you their Area Director's Office contact details.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service Customer Service Unit 4th Floor, 102
Petty France London SW1H 9AJ
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Her Majesty's Courts Service
3 January 2009
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fred robinson
3 January 2009
Dear ANGELA LUE TAIM
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23:46:40 +0000 From: "fred robinson"
<xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx> To: "Customer Services
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Subject: Re: Freedom of Information request - Transfer of a small
claim to the TCC Specialist Court MIME-Version: 1.0 Content-Type:
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Dear Customer Services (CSHQ),
This request is now overdue and I see no reason for an answer not
to be given as it refers to information on procedure that it within
your knowledge to answer. Please do so.
Yours sincerely,
fred robinson
-----Original Message-----
Dear Sir/Madam
Thank you for your email.
If the court are not responding to you then the Area Director's
Office of that court may be able to assist. The court will be able
to give you their Area Director's Office contact details.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service Customer Service Unit 4th Floor, 102
Petty France London SW1H 9AJ
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Yours sincerely,
fred robinson
Alex Skene left an annotation (3 January 2009)
Their mailbox is still full - see the other attachment which gives a "5.2.2" error code. All replies sent will give the same error - please wait until they re-open on Monday to retry. If you have further questions, please email team@whatdotheyknow.com
Her Majesty's Courts Service
3 January 2009
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fred robinson
3 January 2009
Dear ANGELA LUE TAIM
THIS IS YOUR DOWNLOAD
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23:46:40 +0000 From: "fred robinson"
<xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx> To: "Customer Services
\(CSHQ\)" <xxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.xxx.xx>
Subject: Re: Freedom of Information request - Transfer of a small
claim to the TCC Specialist Court MIME-Version: 1.0 Content-Type:
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Dear Customer Services (CSHQ),
This request is now overdue and I see no reason for an answer not
to be given as it refers to information on procedure that it within
your knowledge to answer. Please do so.
Yours sincerely,
fred robinson
-----Original Message-----
Dear Sir/Madam
Thank you for your email.
If the court are not responding to you then the Area Director's
Office of that court may be able to assist. The court will be able
to give you their Area Director's Office contact details.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service Customer Service Unit 4th Floor, 102
Petty France London SW1H 9AJ
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Yours sincerely,
fred robinson
Her Majesty's Courts Service
3 January 2009
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show quoted sections
fred robinson
3 January 2009
Dear ANGELA KUE TAIN
THIS IS YOUR DOWNLOAD
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23:46:40 +0000 From: "fred robinson"
<xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx> To: "Customer Services
\(CSHQ\)" <xxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.xxx.xx>
Subject: Re: Freedom of Information request - Transfer of a small
claim to the TCC Specialist Court MIME-Version: 1.0 Content-Type:
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02 Jan 2009 23:46:57.0900 (UTC) FILETIME=[664FC2C0:01C96D34]
Dear Customer Services (CSHQ),
This request is now overdue and I see no reason for an answer not
to be given as it refers to information on procedure that it within
your knowledge to answer. Please do so.
Yours sincerely,
fred robinson
-----Original Message-----
Dear Sir/Madam
Thank you for your email.
If the court are not responding to you then the Area Director's
Office of that court may be able to assist. The court will be able
to give you their Area Director's Office contact details.
Yours faithfully
Miss Angela Lue-Taim
Her Majesty's Courts Service Customer Service Unit 4th Floor, 102
Petty France London SW1H 9AJ
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WILL YOU PLEASE TRANSLATE
Yours sincerely,
fred robinson
Her Majesty's Courts Service
3 January 2009
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fred robinson
4 January 2009
Dear Angels Lue Tain
Your download is still the same and needs translation
Yours sincerely,
fred robinson
Her Majesty's Courts Service
4 January 2009
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fred robinson
4 January 2009
Dear Sir or Madam,
YOUR DOWNLOAD
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18:22:45 +0000 From: "fred robinson"
<xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx> To: "FOI requests at
HMCS" <xxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.xxx.xx> Subject:
Re: Freedom of Information request - Transfer of a small claim to
the TCC Specialist Court MIME-Version: 1.0 Content-Type:
text/plain; charset="utf-8" Message-ID:
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Dear Angels Lue Tain
Your download is still the same and needs translation
Yours sincerely,
fred robinson
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DOES NOT ANSWER MY FOI REQUEST: FIND BELOW THE TCC COURT RULES I
REFER YOU TO:
SECOND EDITION OF THE TECHNOLOGY AND CONSTRUCTION COURT GUIDE
Section 1.
1.1.3 In respect of those procedural areas for which specific
provision is not made in this Guide, the parties, together with
their advisors, will be expected to act reasonably and in
accordance with both the spirit of the Guide and the overriding
objective at CPR Rule 1.1
1.1.4 It is not the function of the Guide to summarise the Civil
Procedure Rules (“the CPR”), and it should not be regarded as a
substitute for the CPR. The parties and their advisors are expected
to familiarise themselves with the CPR and, in particular, to
understand the importance of the “overriding objective” of the CPR.
The TCC endeavours to ensure that all its cases are dealt with
justly and with proper proportionality. This includes ensuring that
the parties are on an equal footing; taking all practicable steps
to save expenditure; dealing with the dispute in ways which are
proportionate to the size of the claim and cross-claim and the
importance of the case to the parties; and managing the case
throughout in a way that takes proper account of its complexity and
the different financial positions of the parties. The court will
also endeavour to ensure expedition, and to allot to each case an
appropriate share of the court’s resources.
1.1.5 THIS NEW EDITION OF THE TCC GUIDE HAS BEEN PREPARED IN
CONSULTATION WITH THE JUDGES OF THE TCC IN, LIVERPOOL.
1.2 The CPR
1.2.1 Proceedings in the TCC are governed by the CPR and the
supplementary Practice Directions. CPR Part 60 and its associated
Practice Direction deal specifically with the practice and
procedure of the TCC.
1.2.2 Other parts of the CPR that frequently arise in TCC cases
include Parts 12 and 13 (Default Judgment and Setting Aside); Part
17 (Amendments); Part 24 (Summary Judgment); Part 26 (Case
Management); Part 32 (Evidence).
1.3.1 What are TCC Claims? CPR






Mr Ormerod left an annotation (26 November 2008)
Further, if HMCS have said that they cannot assist with your request, it is not their duty to start enquiring of other bodies in order to obtain the information you are requesting on your behalf.
Link to this